Green v. Commissioner of Social Security

          INFORMATIONAL ORDER FOR PRO SE LITIGANTS

         Plaintiff is proceeding pro se in an action seeking judicial review of an administrative decision of the Commissioner of Social Security that denied, in whole or in part, plaintiff's claim for benefits under the Social Security Act.

         This order provides the following helpful information, and basically serves as a step-by-step guide, for pro se litigants. It is strongly suggested that plaintiff read and re-read this order and keep it readily available for future reference.

         I. Service of the Complaint

         As is outlined in the Scheduling Order issued in this case, except when other provisions are made pursuant to an application to proceed in forma pauperis, plaintiff shall serve a copy of the (1) summons, (2) complaint, (3) notice of availability of a Magistrate Judge and the form of consent/ decline to jurisdiction of United States Magistrate Judge (See Local Rule 305(a)), and (4) the Scheduling Order, within twenty (20) days of plaintiff filing the complaint.

         If plaintiff is proceeding in forma pauperis, the United States Marshal usually serves the complaint. To have the United States Marshal serve the complaint you must follow the directions on the Instructions for Service of Social Security Appeals and return the required documents to the Court. You may choose to serve the complaint yourself as directed below. However, if plaintiff is not proceeding in forma pauperis, then plaintiff or legal counsel is responsible for service and then filing a proof of service without delay. See Local Rule 210.

         Lawsuits for review of administrative decisions made by the Commissioner of Social Security are prosecuted against the Commissioner of Social Security. Fed.R.Civ.P. 4(i)(2) and (3) provides, in substance, that to serve the Commissioner in his official capacity, the party must serve (1) the United States, and (2) the Commissioner.

         To serve the United States, a party must:

         (1) deliver a copy of the summons and complaint to the United States Attorney for the district where the action is brought, or to an Assistant United States Attorney or clerical employee whom the United States Attorney designates in a writing filed with the Court; or, send a copy of the summons and complaint, by certified mail only, to the Civil Process Clerk at the United States Attorney's Office; and, (2) send a copy of the summons and complaint, by certified mail only, to the Attorney General of the United States in Washington, D.C.; and, (3) send a copy of the summons and complaint, by certified mail only, to the Commissioner (the officer of the United States whose order is challenged by the lawsuit) in San Francisco, CA. Fed.R.Civ.P. 4(i)(1)-(3).

         Initial service of process is thus sufficient if plaintiff serves, by certified mail only, copies of the summons and complaint on:

Office of the United States Attorney

Civil Process Clerk

2500 Tulare Street, Suite 4401

Fresno, CA 93721

Office of the Attorney General of the United States

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530-0001

Office of the General Counsel

Social Security Administration

333 Market Street, Suite 1500

San Francisco, CA 94105

         after which a proof of service must be filed with the Court without delay pursuant to Local Rule 210. If plaintiff is proceeding in forma pauperis, the United States Marshal generally completes the proof of service and files it with the Court; however, if plaintiff is not proceeding in forma pauperis, it is plaintiff's duty to promptly file a proof of service with the Court.

         II. Attempt at Informal ...